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How Is Sexual Assault Defined?
Sexual assault, also known as sexual battery, is defined in our state penal code as: “Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.(California Penal Code Section 243.4).” You can see that this covers a wide variety of actions.
Sexual assault can include any non-consensual and inappropriate acts, such as:
- Rape or attempted rape
- Date rape
- Molestation
- Voyeurism
- Fondling one’s body parts
- Forcing oral sex
As in most sex crimes, it often comes down to the word of two people; one says it happened, another says it didn’t. This can make these types of charges difficult to defend as well as prosecute. The important thing is that if you have been accused of sexual assault, you will want to immediately find a sexual assault defense attorney in Los Angeles who can help to protect your rights, fight aggressively in your defense and, if necessary, take it all the way to a trial. We have extensive experience representing clients facing sexual offenses, and are able to take on a wide range of sexual assault charges.
What Are the Sexual Assault Penalties in California?
In California, sexual assault and sexual battery can be charged as either misdemeanors or felonies, depending on the nature of the offense. If the act involved restraining the victim, fraudulently claiming the act was for professional purposes, involved a disabled individual, or another aggravating circumstance, felony penalties may apply.
Some examples of sexual assault penalties can include:
- Misdemeanor sexual battery: 6 months or 1 year in jail, and up to $2,000 in fines
- Felony sexual battery: 2 to 4 years in prison and up to $10,000 in fines
In addition to the penalties above, you may be required to register as a sex offender.
Potential Defenses for Sexual Assault
Being assaulted sexually, or thinking that you have been assaulted sexually, can be a very traumatizing experience for anyone. We have found that often times the truth of what has occurred is often exaggerated, or completely altered due to this fact and others, such as revenge. Our team can thoroughly investigate the details of your case and help you build a strong defense.
Some common defenses for sexual assault may include:
- False allegations – Some victims may have ulterior motives when accusing someone of sexual assault. We can review the details to determine if the victim have a motive to fabricate or exaggerate the incident.
- Insufficient evidence – Prosecutors must have evidence beyond a reasonable doubt that the assault occurred. If there is not enough evidence to prove sexual assault, you may be able to get your charges dismissed or reduced.
- Consent – If you had a reason to believe the contact was consensual, then we may be able to establish that you did not commit sexual assault.
- Mistaken identity – Sometimes victims may misremember details or unintentionally accuse the wrong individual.
We understand that a lot is at stake with sexual assault accusations. You could lose your freedom, reputation, and face the possibility of life in the registry. Don’t hesitate to call us and get our help to get to the truth of the matter and ensure that your rights are protected.
If you are facing sexual assault charges, contact a Los Angeles criminal defense attorney today.
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Navigating the legal system can be complicated. To maximize your chance of securing the best outcome possible, it is essential that you reach out to us without delay. When you hire our firm, we will work quickly to gather every detail, examine every piece of evidence, and build a strong case.
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